Chap. 0158 An Act to supply the town of Rutland with water.
Be it enacted, etc., as folloios:
Section 1. The town of Rutland may supply itself and its inhabitants with water for the extinguishing of fires and for domestic and other purposes; may establish
fountains and hydrants and relocate and discontinue the same, and may regulate the use of such water and lix and collect rates to be paid for the use of the same.
Section 2. Said town, for the purposes aforesaid, and for the purpose of obtaining a supply of water, may draw and convey directly from lake Muschopauge, situated in the town of Rutland, so much of the waters thereof and the waters that How into and from the same as it may require ; and it may take by purchase or otherwise, and hold any water rights connected with said lake and any springs and streams tributary thereto, and the water rights connected with any of said sources, and also all lands, rights of way and easements necessary for holding and preserving sueh water and for conveying the same to any part of said town of Rutland; and may erect upon the land thus taken or held proper dams, buildings, fixtures or other structures ; and may make excavations, procure and operate machinery and provide such other means and appliances as may be necessary for the establishment and maintenance of complete and effective water works; and may construct and lay down conduits, pipes and other works, under or over lands, water courses, railroads, public or private ways, and along any such ways in such manner as, when completed, not unnecessarily to obstruct the same: and for the purpose of constructing, maintaining and repairing such conduits, pipes and other works, and for all proper purposes of this act, said town may dig up, raise and embank any such lands or ways, under the direction of the board of selectmen of the town in which such ways are situated, in such manner as to cause the least hindrance to public travel on such ways.
Section 3. Said town shall within ninety days after the taking of any lands, rights of way, water rights, water sources or casements as aforesaid, other than by purchase, tile and cause to be recorded in the registry of deeds for the county and district where the same are situated a description thereof sufficiently accurate for identification, with a statement of the purpose for which the same were taken, signed by the water commissioners hereinafter provided for.
Section 4. Said town shall pay all damages sustained by any person or corporation in property by the taking of any land, right of way, water, water source, water rhiht or easement, or by any other thing done by said
town under the authority of this act. Any person or corporation entitled to damages as aforesaid, who fails to agree with said town as to the amount of damages sustained, may have the damages assessed and determined in the manner provided by law when land is taken for the laying out of highways, by making application at any time within a period of three years from the taking of such land or other property or the doing of any other injury under the authority of this act: but no such application shall be made after the expiration of said three years. Xo application or assessment shall be made for the taking of any water or water rights, or for any injury thereto, until the water is actually withdrawn or diverted by said town under the authority of this act.
Section 5. Said town may, for the purpose of paying the necessary expenses and liabilities incurred under the provisions of this act, issue from time to time bonds, notes or scrip, to an amount not exceeding in the aggregate thirty thousand dollars. Such bonds, notes or scrip shall bear on their face the words, Rutland Water Loan ; shall be payable at the expiration of periods not exceeding thirty years from date of issue, and shall bear intere-t payable semi-annually at a rate not exceeding live per cent, per annum, and shall be signed by the treasurer of the town and be countersigned by the water commissioners hereinafter provided for. Said town may sell all such securities at public or private sale or pledge the same for money borrowed for the purposes of this act. Said town, unless it avails itself of the provisions of section six, shall provide at the time of contracting said loan for the establishment of a sinking fund, and shall annually contribute to such fund a sum sufficient with the accumulations thereof to pay the principal of said loan at maturity. Said sinking fund shall remain inviolate and pledged to the payment of said loan and shall be used for no other purpose.
Section G. Said town instead of establishing a sinking fund may at the time of authorizing said loan provide for the payment thereof in annual payments of such amounts as will in the aggregate extinguish the same within the time prescribed in this act; and when such vote has been passed the amount, required shall without further notice be assessed by the assessors of said town in each year thereafter until the debt incurred by said loan shall be extinguished, in the same manner as other taxes
arc assessed under the provisions of section thirty-four of chapter eleven of the Public Statutes.
Section 7. The return required by section ninety-one of chapiter eleven of the Public Statutes shall state the amount of sinking fund established under this act, and if none is established whether action has been taken in accordance with the provisions of the preceding section, and the amount raised and applied thereunder for the current year.
Section 8. Said town shall raise annually by taxation a sum which with the income derived from the water rates will be sufficient to pay the current annual expenses of operating its water works and the interest as it accrues on the bonds, notes and scrip issued as aforesaid by said town, and to make such contributions to the sinking fund and payments on the principal as may be required under the provisions of this act.
Section !). Whoever wilfully or wantonly corrupts, pollutes or diverts any of the waters taken or held under this act, or injures any structure, work or other property owned, held or used by said town under the authority and for the purposes of this act, shall forfeit and pay to the town three times the amount of the damages assessed therefor, to be recovered in an action of tort; and upon conviction of either of the above wilful or wanton acts shall be punished by a tine not exceeding three hundred dollars or by imprisonment not exceeding one year.
Section 10. Said town shall, after the acceptance of this act, at a legal meeting called for the purpose elect by ballot three persons to hold office, one until the expiration of three years, one until the expiration of two years and one until the expiration of one year from the next succeeding annual town meeting, to constitute a board of water commissioners; and at each animal town meeting thereafter one such commissioner shall be elected by ballot for the term of three years. All the authority granted to the town by this act and not otherwise specially provided for shall be vested in said board of water commissioners, who shall be subject however to such instructions, rules and regulations as said town may impose by its vote. The said commissioners shall be trustees of the sinking fund herein provided for and a majority of said commissioners shall constitute a quorum for the transaction of business relative both to the water works and the sinking
fund. Any vacancy occurring in said board from any cause may be filled for the unexpired term by said town at any legal town meeting held for the purpose.
Section 11. This act shall take effect upon its acceptance by a two thirds vote of the voters of the town of Rutland present and voting thereon at a legal town meeting called for the purpose within three years from its passage; but the number of meetings so called in any year shall not exceed three. Approved March 22, 1S05.